McLENNAN v. UNDERCOFLER

23483.

222 Ga. 302 (1966)

149 S.E.2d 705

McLENNAN v. UNDERCOFLER, State Revenue Commissioner, et al.

Supreme Court of Georgia.

Decided June 23, 1966.


Attorney(s) appearing for the Case

Alex McLennan, pro se.

Arthur K. Bolton, Attorney General, William L. Harper, Assistant Attorney General, H. Perry Michael, Deputy Assistant Attorney General, Hansell, Post, Brandon & Dorsey, Hugh Dorsey, Allen Post, Troutman, Sams, Schroder & Lockerman, Milton A. Carlton, Jr., Allen E. Lockerman, Robert S. Sams, Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Harry S. Baxter, Thomas C. Shelton, King & Spalding, Pope B. McIntire, Dan M. Byrd, Jr., Bouhan, Lawrence, Williams & Levy, George W. Williams, for appellees.


COOK, Justice.

The premise on which the taxpayer bases his action for mandamus is the provision of the law requiring that all property be returned for taxation at its fair market value. Code §§ 92-5701, 92-5702. This is, undeniably, a statutory mandate. It is conceded by the State Revenue Commissioner that public utilities returning taxes to his office have not valued their properties at 100% of fair market value. It is also conclusively shown that...

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